reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches

Date: Sep 10, 2025

No “Private Areas” Exception: Montana Supreme Court Reaffirms That Probation Home Visits—Including Bedroom Walkthroughs—Are Not Searches Case: State v. Manyhides, 2025 MT 204 (Mont. Sept. 9, 2025)...

Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA (Marriage of Rehbein & Paddock, 2025 MT 201)

Date: Sep 10, 2025

Implied Consent Opens the Door: Montana Supreme Court Affirms Post‑Trial Amendment and Third‑Party Parental Interest Under § 40‑4‑228, MCA Case: In re the Marriage of Rehbein and Paddock (2025 MT...

No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception

Date: Sep 10, 2025

No Amendment After Final Adjudication: Montana’s Strict Bar on Successive Post‑Conviction Petitions and the Narrow Actual‑Innocence Exception Nonprecedential Note: This is a memorandum opinion under...

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing

Date: Sep 10, 2025

Sixth Circuit Clarifies Retaliatory Refusal to Remedy Dangerous Prison Conditions as Actionable First Amendment Violation; Risk-Only COVID-19 Exposure Insufficient for Damages Standing Introduction...

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings

Date: Sep 10, 2025

No §1681i Liability Where Plaintiff’s Own Credit Report Refutes Inaccuracy: Exhibits Control Over Contrary Allegations in FCRA Pleadings Introduction This commentary analyzes the Eleventh Circuit’s...

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny

Date: Sep 10, 2025

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...

No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees

Date: Sep 10, 2025

No Manufactured Diversity via Trust Appointments: Fifth Circuit Applies 28 U.S.C. § 1359 to Sham Trustees Case: Fugedi v. Initram, No. 24-40283 (5th Cir. Sept. 9, 2025) Introduction The Fifth...

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements

Date: Sep 10, 2025

Third Circuit Reaffirms Strict Timeliness and Excusable-Neglect Limits on Rule 60 Relief in Bankruptcy Claim Expungements Introduction In a non-precedential opinion, the United States Court of...

Ascertainability Is Not a Mandatory Prerequisite Under Montana Rule 23: Predominance and Early-Stage Deference Affirmed in Allied Waste v. LH Residential

Date: Sep 10, 2025

Ascertainability Is Not a Mandatory Prerequisite Under Montana Rule 23: Predominance and Early-Stage Deference Affirmed in Allied Waste v. LH Residential Introduction In Allied Waste v. LH...

Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions; Credible‑Threat Standing Tightened in Limited Public Fora

Date: Sep 10, 2025

Imminent Harm Still Required: Voluntary Repeal and Binding Non‑Enforcement Pledge Defeat First Amendment Preliminary Injunctions And: The Sixth Circuit tightens pre‑enforcement standing where a...

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works Contracts and Whether One‑Year Limitations Clauses Bind Workers

Date: Sep 10, 2025

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works...

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause

Date: Sep 10, 2025

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause Introduction In Mid Vermont...

Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS

Date: Sep 10, 2025

Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS Note: This disposition is a...

First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not Clearly Established Retaliation

Date: Sep 10, 2025

First Amendment Shield, Not Sword: Protected Petitioning Cannot Supply the Overt Act in § 1983 Conspiracies—Yet May Evidence Agreement; and Government Litigation and Nonviolent “Threats” Are Not...

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions

Date: Sep 10, 2025

“Adequately Supply” Means Quantity-Ambiguous, Not Quality-Certain: First Circuit Narrows Failure‑to‑Supply Limitations and Affirms Broad Duty to Defend for Reckless Product Decisions Introduction In...

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir. 2025)

Date: Sep 10, 2025

Pleading Conclusory Conspiracies Won’t Do: Good-Faith Reliance on a Facially Valid Warrant and Video-Verified Decorum Enforcement Defeat First and Fourth Amendment Claims — Story v. Gravell (5th Cir....

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025)

Date: Sep 10, 2025

Personal Guaranty and Owner-Occupation Do Not Convert Commercial Loans into Consumer Debts; Non-Judicial Foreclosure Is Not State Action — Okorie v. University Mall (5th Cir. 2025) Introduction In...

Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA

Date: Sep 10, 2025

Kessler and the Due Process Floor at Sentencing: No Resentencing Absent Reliance on Materially False Information; Clerical Correction of Offense Level under § 45-6-301(7)(b)(i), MCA Court: Supreme...

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners

Date: Sep 10, 2025

Subject-Matter, Not Structure: Fifth Circuit Declares Church Autonomy a Merits Immunity Shielding Non‑Hierarchical Ministries and Third‑Party Partners Introduction In McRaney v. North American...

All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality (HBWS v. Wang)

Date: Sep 10, 2025

All Defendants in Hybrid Product Liability Suits Are “Parties” for Comparative Responsibility; the One‑Year Contribution Period Runs from Appellate Finality Introduction In Health Body World Supply,...

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